PAUL J. KELLY, Circuit Judge.
Mr. Avalos-Zarate pled guilty to possession with intent to distribute less than 50 kilograms of marijuana, 21 U.S.C. § 841(a)(1), (b)(1)(D), 18 U.S.C. § 2, and was sentenced, based on an offense level of 18 and a criminal history category of III, to 41 months imprisonment. Under the Sentencing Guidelines, the proper guideline range was 33-41 months. See U.S.S.G. ch. 5, pt. A (Sentencing Table). Defense counsel
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